1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 19, 2016, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) at the source of water source method on January 19, 2016, and on February 4, 2016, the same court issued a summary order of two million won or more for the same crime, and has the record of being punished for drinking driving on at least two occasions.

On September 8, 2018, at around 01:30, the Defendant driven a B-hand car with alcohol content of about 0.258% while under the influence of alcohol at approximately 1.5 km from the restaurant near the Dong-dong Dompare to the 532 return of approximately 1.5km at an elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of drivers, report on the results of regulating drinking driving, and report on actual condition survey;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

Unless the defendant is aware of the fact that he was punished twice by a fine due to drinking, and the circumstances favorable to the fact that he was making a physical accident with a high alcohol concentration in blood while driving due to a high alcohol level: The defendant has an attitude to recognize his mistake and seriously reflect his behavior. The fact that the defendant again does not drive drinking again, and that he has been punished by a fine exceeding the fine.